The European Parliament has voted in a number of changes to the Environmental Impact Assessment Directive, some focused on the research into and extraction of mineral resources. Activities such as the use of sonar and similar sound-based equipment when mapping the ocean floor for potential sources of oil and gas would require an Environmental Impact Assessment (EIA) prior to commencing work.
The decision comes shortly after an Independent Stranding Review Panel implicated the use of sonar mapping devices in the mass stranding of over 100 melon-headed whales on the coast of Madagascar.
Also included is exploration for, and hydraulic fracturing (fracking) to extract, non-conventional hydrocarbons (shale gas and oil, ‘tight gas’, ‘coal bed methane’). In adding these specific activities among those requiring an EIA, the EU Parliament makes it clear that there are concerns about whether the intended activity will cause harm to the environment.
Another part of the Directive concerning monitoring and measures on mitigation and compensation has also been strengthened. It now states that:
“Member States shall take the necessary measures to provide that projects are constructed and operated in accordance with the following principles:
- all appropriate preventative measures are taken against pollution and no significant pollution is caused;
- the best available techniques are applied and natural resources are used efficiently;
- waste generation is prevented and, where waste is generated, it is prepared for re-use, recycling, recovered;
- the necessary measures are taken to prevent accidents and limit their consequences;
- the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and to return the site of operation to a satisfactory state.
The updated wording requires effective, proportionate and dissuasive penalties be put in place to ensure compliance.
The new Directive also adopted amendments to ensure the public is informed and consulted. A central portal is to be made available to the public in all Member States, providing timely, electronic access to ‘environmental information with regard to the implementation of the Directive.'
The amended document may be accessed in its entirety on the European Parliament website.